Man gets to five to 18 years for larceny

December 11, 2012

MARTINSBURG - A Hedgesville man was sentenced to five to 18 years in prison Monday in Berkeley County Circuit Court after pleading guilty to robbing two businesses and stealing a truck.

Michael S. Stilwell, 27, of Fringe Lane, was indicted by a Berkeley County grand jury in May on one count of grand larceny, acting or changing a manufacturer's serial number and two counts of second-degree robbery.

He pleaded guilty Monday before West Virginia 23rd Judicial Circuit Judge Gray Silver III to one count of grand larceny and two counts of second-degree robbery as part of a plea agreement. The remaining count of his indictment was dismissed as part of the agreement.

Article Photos

Stilwell

Stilwell was subsequently sentenced by Silver to one to 10 years in prison on the grand larceny conviction and five to 18 years in prison on both of his convictions for second-degree robbery. As part of the plea agreement, the sentences were ordered to be served concurrently.

The case was prosecuted by Berkeley County Assistant Prosecuting Attorney Gregory K. Jones. Jones said the grand larceny conviction stemmed from a June 4, 2011, incident during which Stilwell stole a truck from Family Pre-Owned Auto Sales in Berkeley County. The second-degree robbery convictions stemmed from a Jan. 12 robbery at the H-Mart convenience store on New York Avenue in Martinsburg and a Jan. 15 robbery at the Dollar Stretcher store on Winchester Avenue in Bunker Hill.

Jones said he withdrew a portion of the plea agreement that originally stated the state would agree not to oppose Stilwell's parole when he became eligible, Jones said the reason why the provision was withdrawn was because Stilwell is currently facing possible indictment for perjury. Jones said state has alleged Stilwell committed perjury during the trial of Tyler S. Munson, 21, of Bunker Hill. Munson was found guilty of burglary, first-degree robbery, conspiracy to commit robbery and assault in the commission of a felony following a jury trial in September in Berkeley County Circuit Court.

The two robberies Stilwell was convicted of were investigated by the Berkeley County Sheriff's Department.

During the investigation, a search of a motel room Stilwell was staying in led to the discovery of evidence related to the robberies. When Stilwell was interviewed by investigators, he provided a recorded statement acknowledging his responsibility for each crime.

During the investigation into the H-Mart robbery, deputies were told that the robber displayed what appeared to be a handgun. The robber demanded money from the clerk working at the time. The clerk complied with the robber's demands, giving him $750 before he departed, records show.

Following the robbery, deputies interviewed individuals who came forward and offered information pertaining to the robber's identity. Witnesses identified Stilwell as a person who possessed clothing similar to that of the robber, as well as a BB gun with features similar to a handgun, records show.

The second robbery at the Dollar Stretcher occurred just a few days later. Police were told that the robber approached the counter with what looked like a black handgun and said, "Give me the money out of the drawer," records show.

Deputy Michael St. Clair received a tip that Stilwell may have robbed the store. When asked about his involvement in the robbery, Stilwell provided investigators with a complete confession detailing his actions and acknowledging his involvement, records show.